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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Pollack v. Safeway Steel Products, Inc.

Plaintiff Emil Pollack, a mason tender, fell from scaffolding while working on a Lowe's store construction site in Orangeburg, New York, on September 25, 2002, sustaining injuries. He sued Safway Steel Products, Inc., March Associates (general contractor), Orangeburg Holding, LLC (land owner), and Lowe's Home Centers, Inc. (developer), alleging violations of New York Labor Law §§ 240(1), 241(6), and 200, along with common law negligence and strict products liability. Both plaintiff and defendants filed motions for summary judgment. The court denied the plaintiff's motion for summary judgment under Labor Law §§ 240(1) and 241(6) against March, Lowe's, and Orangeburg due to factual disputes. The court also denied March, Lowe's, and Orangeburg's cross-motion for summary judgment. Safway's motion for summary judgment was granted for the Labor Law § 200 claim but denied for §§ 240(1) and 241(6) claims. March's request for contractual and common law indemnification from CMC Concrete Masonry (a subcontractor and third-party defendant) was denied for summary judgment purposes due to unresolved issues of fault.

Summary judgmentLabor LawScaffolding accidentConstruction site injuryProximate causeContributory negligenceNon-delegable dutyGeneral contractor liabilityOwner liabilityThird-party action
References
32
Case No. MISSING
Regular Panel Decision

Serpe v. Eyris Productions, Inc.

Plaintiff Anthony Serpe, a painter, sustained injuries after falling through an unprotected hole for a spiral staircase at a renovation site. The Supreme Court initially directed a verdict against the general contractor, Eyris Productions, Inc., finding a violation of Labor Law § 240 (1), and awarded plaintiff $356,588.20. Eyris's third-party complaint against the painting subcontractor, Roth Painting Co., Inc., was dismissed due to insufficient evidence of control. On appeal, the judgment was affirmed, with the court ruling that Labor Law § 240 (1) was applicable due to the elevation-related risk, and that sections 240 (1) and 241-a are not mutually exclusive. The dissent argued for the inapplicability of Labor Law § 240 (1), asserting that the plaintiff's work did not involve an elevated worksite or require the enumerated safety devices.

Labor Law § 240 (1)Construction Site SafetyFall AccidentAbsolute LiabilityGeneral Contractor ResponsibilitySubcontractor LiabilityAppellate DecisionElevation HazardUnprotected OpeningSpiral Staircase
References
32
Case No. MISSING
Regular Panel Decision
May 20, 1994

Twyford v. Production Associates, Inc.

Production Associates, Inc. appealed an order from the Supreme Court, Richmond County, which granted McDonald’s Corporation’s motion to dismiss a third-party complaint. The primary action involved Thomas E. Twyford, a McDonald's employee, who sued Production Associates for injuries suffered at a convention. Production Associates then sought contribution from McDonald's. The Supreme Court initially applied Pennsylvania law, leading to the dismissal of the third-party complaint. However, the appellate court reversed this decision, concluding that Illinois law should apply based on an 'interests analysis' approach, as both Production Associates and McDonald's have significant ties to Illinois. Illinois workers' compensation law, unlike Pennsylvania's or New Jersey's, does not preclude third-party contribution claims against an employer.

Personal InjuryThird-Party ActionWorkers' CompensationChoice of LawConflict of LawsContribution ClaimsSummary JudgmentAppellate ReviewIllinois LawPennsylvania Law
References
4
Case No. MISSING
Regular Panel Decision

Smith v. Positive Productions

Jonathan Smith, known as Lil Jon, petitioned the District Court to vacate or modify an arbitration award in favor of Positive Productions, a Japanese concert promoter. The dispute arose from Smith's failure to perform three concerts in Japan as per initial and rescheduled agreements, leading to their cancellation. The International Centre for Dispute Resolution arbitrator, Mark Diamond, awarded Positive Productions $379,874.00 for lost profits, expenses, legal fees, and loss of reputation. Smith argued improper notice of arbitration, lack of arbitrator jurisdiction, and manifest disregard of New York law regarding damages. The District Court, presided by Judge Mukasey, denied Smith's petition and granted Positive Productions' cross-petition to confirm the award, finding that Smith received sufficient notice, the arbitrator had jurisdiction, and the damage awards were justified under the law.

Arbitration AwardContract BreachLost ProfitsExpensesReputation DamagesAttorneys' FeesNoticeJurisdictionFederal Arbitration ActNew York Law
References
54
Case No. MISSING
Regular Panel Decision

Amity Leather Products Co. v. RGA Accessories, Inc.

Amity Leather Products Co. moved to hold RGA Accessories, Inc. in civil contempt for violating a prior injunction that prohibited RGA from using Amity's product photographs for its own competing products. Amity alleged RGA used a photo of its 'Macro bag' to promote the 'Petite Valise' through their joint venture, Smithy Accessories. The court found clear and convincing evidence of the violation, noting identical markings on the products in photographs. It rejected RGA's defenses of diligence and shifting blame to its joint venture partner. The court granted Amity's motion, ordering RGA to account for and pay profits from sales to J.C. Penney, cease further use of the promotional material, and issue a disclaimer to all recipients.

Contempt of CourtInjunction ViolationLanham ActFalse AdvertisingJoint Venture LiabilityCivil ContemptUnjust EnrichmentCease and DesistDisclaimerPhotographic Evidence
References
7
Case No. MISSING
Regular Panel Decision
Sep 24, 2014

Burbar v. Incorporated Village of Garden City

Plaintiff Jacob Burbar filed a motion to compel discovery against the County of Nassau and the Nassau County District Attorney's office in a case alleging wrongful arrest, malicious prosecution, and abuse of process. The defendants invoked deliberative process and work product privileges to withhold certain documents. United States Magistrate Judge A. Kathleen Tomlinson conducted an *in camera* review. The Court determined that the deliberative process privilege was inapplicable because the defendants' intent and decision-making process were central to the plaintiff's claims. Regarding the work product privilege, the Court ordered disclosure of fact work product while protecting opinion work product. Consequently, the motion to compel was granted in part and denied in part, with specific instructions for document production.

DiscoveryPrivilegeDeliberative ProcessWork ProductMalicious ProsecutionAbuse of ProcessCivil RightsFederal Rules of Civil Procedure 26(b)(3)In Camera ReviewGovernmental Immunity
References
32
Case No. MISSING
Regular Panel Decision

Claim of Soluri v. Superformula Products, Inc.

Claimant was injured in a work-related accident in 2001, establishing a claim for injury to their low back and left hip. Initially determined to have a total permanent disability, the workers' compensation carrier sought review. Due to conflicting medical opinions, the Workers’ Compensation Board referred the case to an impartial specialist, subsequently determining the claimant had a mild permanent partial disability. Claimant appealed, arguing the Board improperly relied on the impartial specialist's opinion for not adhering to medical guidelines. The court disagreed, affirming the Board's decision, stating that the Board is empowered to resolve conflicting medical opinions, and the impartial specialist's findings, consistent with other physicians, constituted substantial evidence.

Workers' Compensation BenefitsPermanent Partial DisabilityImpartial Medical ExaminationMedical OpinionsSubstantial EvidenceBoard's AuthorityAppellate DivisionDisability RatingWork-Related InjuryMedical Guidelines
References
4
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
Case No. MISSING
Regular Panel Decision
Aug 16, 1988

In re the Grand Jury Subpoenas Served Upon Doe

The Grand Jury of New York County issued subpoenas duces tecum to the law firm of John Doe, P. C., seeking various records. John Doe, P. C. moved to quash or modify these subpoenas, asserting attorney-client and attorney work product privileges. After an in camera review of 109 files, the court denied the attorney-client privilege claim for two files due to insufficient proof of confidentiality. For the work product privilege, the court applied the crime-fraud exception for specific subpoenaed records, citing an ongoing investigation into corruption in personal injury litigation. The court also narrowly construed the work product privilege. Consequently, the motion was granted for eight specific files found to contain protected attorney work product, while denied for the remaining files. The records not protected by privilege were ordered to be delivered to the District Attorney by August 18, 1988, following service of the decision on August 16, 1988.

attorney-client privilegework product privilegesubpoenas duces tecumGrand Jury investigationcrime-fraud exceptionin camera inspectionlegal ethicsconfidentialityevidence disclosuremotion to quash
References
12
Case No. MISSING
Regular Panel Decision

Collins v. Promark Products, Inc.

Plaintiff Terry Collins, an employee of the government’s National Park Service, was injured on Ellis Island while using a stump grinder manufactured by defendant Promark Products, Inc. Plaintiff, who had been receiving workers’ compensation benefits, initiated a products liability action against Promark. Promark subsequently impleaded the United States government, alleging negligence in machine maintenance and inadequate instruction. The government moved for summary judgment, contending that New Jersey law should apply under the Federal Tort Claims Act, which would bar the third-party action as workers' compensation would be the sole liability. The court examined an 1833 agreement between New Jersey and New York, consented to by Congress, establishing jurisdictional and territorial limits. The court concluded that New York law applies to the areas on Ellis Island where the tort occurred, granting New York exclusive jurisdiction despite New Jersey's property rights to the underwater land. Consequently, the government’s motion for summary judgment was denied.

Personal InjuryProducts LiabilityFederal Tort Claims ActWorkers' CompensationJurisdictionSummary JudgmentInterstate CompactEllis IslandGovernment Liability
References
4
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